HomeMy WebLinkAbout3140 Amending 9.30 Smoking
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 9.30 TO
INCREASE SMOKING DISTANCE FROM BUSINESSES
AND PROPERTIES SENSITIVE TO SMOKE
Annotated to show de et o and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the overall effect of the recent smoking restrictions within the downtown area has
reportedly been received positively by business and property owners and citizens living, working
and traveling within the City's no smoking zone; and
WHEREAS, nevertheless, the original ten foot no-smoking area around building entries do not
provide a sufficient buffer to prevent smoke from drifting directly into building doorways,
windows and other enumerated entrances in the ordinance that negatively affect the occupants
inside; and
WHEREAS, increasing the restricted distance for smoking around building doorways and
windows and other enumerated entrances in the ordinance for smoke to twenty feet would likely
reduce the negative impacts of smoke odors to occupants of downtown buildings and passersby.
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 9.30 is amended as follows:
9.30.010 Definitions
The following words and phrases whenever used in this chapter shall be construed as defined this
section.
A. "Cigar bar" has the meaning provided in ORS 433.835 (1).
B. "Downtown" has the meaning provided in AMC 10.120.0 1013 1).
C. "Enclosed area" means all space between a floor and a ceiling that is enclosed on two or
more sides by permanent or temporary walls or windows, exclusive of doors,
passageways or gaps. If no ceiling is present, "enclosed area" means all space that is
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included by three or more sides by permanent or temporary walls or windows, exclusive
of doors, passageways or gaps.
D. "Inhalant" means nicotine, a cannabinoid or any other substance that is in a form that
allows the nicotine, cannabinoid or substance to be delivered into a person's respiratory
system by inhalation and is not approved by, or emitted by a device approved by, the
United States Food and Drug Administration for a therapeutic purpose.
E. "Inhalant delivery system" means a device that can be used to deliver nicotine or
cannabinoids in the form of a vapor or aerosol to a person inhaling from the device.
F. "Place of employment" means every enclosed area under the control of a public or private
employer that employees frequent during the course of employment, including but not
limited to work areas, employee lounges, vehicles that are operated in the course of an
employer's business that are not operated exclusively by one employee, rest rooms,
conference rooms, classrooms, cafeterias, hallways meeting rooms, elevators and
stairways. "Place of employment" includes privately-owned enclosed areas where
volunteers perform work typically done by employees. "Place of employment" does not
include a private residence unless it is used as a child care facility as defined in ORS or a
facility providing adult day care as defined in ORS 410.490.
G. "Plaza" means the area bounded by and including East Main Street, North Main Street,
and Winburn Way.
H. "Smoke shop" means a business that is certified with the authority as a smoke shop
pursuant to the rules adopted under ORS 433.847.
1. "Smoking instrument" means any cigar, cigarette, pipe or other instrument or inhalant
deliver system used to smoke tobacco, marijuana or any other inhalant.
J. "Within twenty (20) feet of" means no closer than 20 feet away from a physical
feature specified in this Chapter, as measured horizontally and fewer than 8 feet
above around level.
9.30.020 Smoking Prohibited
A. Except as allowed in AMC 9.30.040, a person may not smoke, aerosolize or vaporize an
inhalant or carry a lighted smoking instrument in a place of employment, in an enclosed
area open to the public, on any sidewalk or on any public or private property within ten
twenty (4-0 20) feet of a sidewalk in Downtown Ashland; on the City property commonly
referred to as the Theater Corridor Walkway (Assessor's Map no. 391E09BC, Tax Lot
901) except for that portion of the property controlled by leasehold right of the Oregon
Shakespeare Festival (commonly known as the Thomas Theater); on the sidewalk on
North Main Street between Granite Street and the Plaza, on sidewalks on Winburn Way
abutting Lithia Park, in the public walkway between 150 and 166 East Main, on the
Plazai -,-ar on the area at the corner of East Main Street and South Pioneer Street known
as Chautauqua Square; or in the public parking lot at 130 N. Pioneer Street.
B. A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking
instrument within twenty (4-0 20) feet of the following parts of places of of employment
or enclosed areas open to the public:
1. Entrances;
2. Exits;
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3. Windows that open;
4. Ventilation intakes that serve an enclosed area; and
5. Outdoor dining areas.
C. A person may not smoke or carry any lighted smoking instrument in a room during the
time that jurors are required to use the room.
SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions, i. e., Sections 2-4 need not be codified, and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2017,
and dul ASSED and ADOPTED this day of 2017.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this I day of , 2017.
AJ Stro erg, Mayor
Reviewed as to form:
David H. Lohman, C4 y Attorney
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